56Transfers between prisons

56 Transfers between prisons

The Secretary may, by instrument, direct the transfer of a prisoner or a class of prisoner from one prison to another or from one part of a prison to another part of a prison.

S. 56AA inserted by No. 45/2001 s. 16.

56AA Transfers to and from police gaols

(1) The Secretary may, by instrument, direct the transfer of a prisoner from a prison to a police gaol.

(2) The Secretary may, by instrument, authorise the transfer from a police gaol to a prison of a person who is in the legal custody of the Chief Commissioner of Police under Part 1A.

S. 56AB (Heading) amended by No. 26/2014 s. 455(Sch. item 6.3).

S. 56AB inserted by No. 45/2001 s. 16.

56AB Legal custody of prisoners and detainees transferred to institutions and designated mental health services

(1) This section applies if a prisoner in a prison or a person detained in a police gaol is transferred from the prison or police gaol to—

S. 56AB(1)(a) substituted by No. 26/2014 s. 455(Sch. item 6.4), amended by No. 39/2022 s. 805(1).

(a) a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 in accordance with that Act;

S. 56AB(1)(b) amended by No. 23/2006 s. 235(a), repealed by No. 19/2019 s. 256(1).

S. 56AB(1)(c) substituted by No. 23/2006 s. 235(b).

(c) a residential treatment facility within the meaning of the Disability Act 2006 in accordance with that Act.

(2) On a transfer referred to in subsection (1) of a prisoner or person, the prisoner or person is deemed to be in the legal custody of—

S. 56AB(2)(a) amended by Nos 23/2006 s. 235(c), 26/2014 s. 455(Sch. item 6.5(a)), 39/2022 s. 805(2).

(a) the person specified as the person who is to have the custody of the prisoner or person under the Mental Health and Wellbeing Act 2022, the Disability Act 2006 or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;

S. 56AB(2)(b) amended by Nos 26/2014 s. 455(Sch. item 6.5), 39/2022 s. 805(2).

(b) in the case of a transfer referred to in subsection (1)(a), if no person is specified under the Mental Health and Wellbeing Act 2022, the authorised psychiatrist of the designated mental health service;

S. 56AB(2)(c) amended by Nos 23/2006 s. 235(c), 19/2019 s. 256(2).

(c) in the case of a transfer referred to in subsection (1)(c), if no person is specified under the , the chief executive of the place to which the prisoner or person is transferred.